Keep tenant security deposit or return it?

Question

I have tenants that recently gave notice to vacate. They moved all their stuff out a couple days ago and we’re gone from the apartment for 3 days. They came back this evening to clean and there was water all over the apartment floor and leaking from the hot water heater in one of the closets.

I believe a flex pipe fitting came lose or was damaged due to the tenants moving their personal items out but that’s hearsay. I can’t 100% confirm that.

Located in WA State. How should I proceed with their security deposit?

Nathan Gesner · Answer

You can only charge them if you can prove abuse or negligence. It's not very often that a water heater pipe comes loose on its own. I would really investigate to see you can determine damage and then hold the Tenant accountable.

Collin Perry · Answer

@Kevin Sobilo proper notice was given yes. I do mean flex pipe. It appears it was the FIP pipe that came loose.

Theresa Harris · Answer

If it was due to neglect by the tenant or something they may have done, your insurance company will go after their insurance for damages.

Henry T. · Answer

The fact they came back to clean is amazing in itself. If its the copper flex pipe its possible it got bumped and started leaking. They can be finicky.  If tenant caused, it very possible inadvertant. If the place looks ok I would fully refund. If you have to hire a cleaner deduct accordingly and provide receipts with your statement.  You didn't say how bad the water spill is. Just a mop up, or did it ruin sheetrock 4 floors below?

Theresa Harris · Answer

Do the tenants have insurance? I'd have them file a claim. Had they been in the home, the water would have been noticed right away.

Andrew B. · Answer

This sounds like an insurance claim to me.

Kevin Sobilo · Answer

@Collin Perry, I'm sorry but I have more questions than answers here.

Did the tenant provide the required notice under your lease or under your state's law?

I hope you mean pex pipe for the water. When you say flex pipe I keep imagining some piping not approved for potable water use. Also, water pipes typically come out the top of the water heater. In a closet application it would be unwise to have shelving around those pipes to encourage people to store things and bang them around.

So, based on what I envision, I don't see the tenant being responsible for any of the water damage etc.

Was there any other damage?

Keep tenant security deposit or return it?

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